James W Business Formation Law Blog

There are many kinds of entities. Partnerships, corporations and limited liability companies (LLC) are the most common. There are also limited partnerships (LP), limited liability partnerships (LLP, and limited liability limited partnerships (LLLP). Let’s start with the common and work up to more the complex.... Read More

Let’s say you are starting a business all by yourself. No partners, no investors, just yourself. Which would you choose: to do business with unlimited personal liability or to do business with limited personal liability?  Well, unless you like to be sued, you would choose to limit your personal liability. How do you do that? In Florida you do that by forming a corporation or a limited liability company. If you go into business by yourself without an entity, then you are a so... Read More

In all the excitement of starting a new business, coming up with the name is probably the most fun, challenging and difficult items in your checklist. It gets even more exciting when you consider the legal aspects of naming a business. Business names often become trademarks because they identify the source or origin of goods or services. Trademarks are protected in all states as well as federally. There are millions of other businesses in the U.S. This means there is a high risk of choosing a na... Read More

Here are 10 steps to starting a business in Florida. Sure the economy sucks. But for many people, this is the best time to start a business. It’s one way to create another revenue stream. And it’s not difficult to start. And there’s no better place than Florida. In fact, it’s the most popular state for opening a business. More new businesses are opened in Florida than any other state. So here are the 10 steps to opening a business in Florida:... Read More

Forming a new business in Florida usually means creating a new entity. Otherwise it’s just a sole proprietorship with unlimited liability. The most common entities for new Florida businesses are corporations, LLCs and partnerships. Here’s a quick review of the pros and cons of each type of business entity in Florida.... Read More

Articles of Incorporation is the title of the legal document that is filed with the Florida Division of Corporations to form a new Florida corporation. Articles of amendment are filed to amend the articles of incorporation. The articles of incorporation state such matters as the corporation’s name, address and other matters.... Read More

Articles of organization is the title of the legal document that is filed with the Florida Division of Corporations to form a new Florida limited liability company LLC. The articles of organization state such matters as the LLC’s name, address and other matters. The articles of organization prepared by Pinellas County business attorneys usually contain more legal clauses than the very simple articles provided for online filing by the Secretary of State, such as names and addresse... Read More

Forming a new business in Florida usually means creating a new entity. Otherwise it's just a sole proprietorship with unlimited liability. The most common entities for new Florida businesses are corporations, LLCs and partnerships. Here's a quick review of the pros and cons of each type of business entity in Florida.... Read More

It's very easy to form a Florida corporation these days. Perhaps too easy. All you have to do is go to www.sunbiz.org, fill in names and addresses, answer a few questions, and charge the filing fee to your credit card. Then whammo you've got a new Florida corporation. The problem is if that's all you did then you're missing a lot of documents. And a lot of planning opportunities.... Read More

Florida requires anyone who transacts business under a name different from the legal name to register it as a fictitious name. This is not the same as registering a trademark. It is separate and distinct registration.... Read More